Whilst we do not provide a model complaints procedure, nor approve the procedures of individual landlords, we have over the years developed a checklist of key issues affecting the administration of these procedures.
The following pages present our checklist of issues:
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4Checklist of issues 1 (Top)- The procedure should be easy to follow and should have no more than three stages:
- a person responsible for the service against which the complaint is made;
- a senior manager or a person with no functional responsibilities directly relevant to the service which is the subject of the complaint; and
- a final review meeting by an independent panel with a majority of non-executive members.
- There may be an informal stage before the formal procedure is used; this would attempt to resolve the complaint without the need for a formal approach.
- The procedure should attempt to define a complaint and make it clear who can use it. The procedure should be accessible to applicants as well as to those already receiving a service from the landlord.
- The procedure, as issued to complainants, should not contain jargon and should be written in plain English, with translated versions in other relevant languages if necessary. The use of Braille and audio tape versions should also be considered depending on the profile of potential complainants.
Checklist of issues 2 (Top))
- At some stage in the procedure a representative of the landlord should consider whether mediation between the landlord and the complainant might help resolve the complaint. If the landlord does not think mediation appropriate, they should be able to demonstrate why they took that view. The complainant can, of course, refuse mediation and insist that the complaint be dealt with through the formal procedure only.
- The published procedure should detail the stages a complaint needs to follow, contact addresses and time targets for each stage, and the details of how to approach the Housing Ombudsman Service.
- The procedure should allow for complaints to be pursued by complainants who are unable to express themselves in writing.
Checklist of issues 3 (Top)- At each stage of the procedure the complainant should receive a written response to their complaint. That response should give the decision, the reason for that decision and explain who the complainant should contact if they wish to move to the next stage. Whilst it is clearly appropriate for staff to attempt to resolve the complaint at a particular stage, they should not unnecessarily delay its progress through the procedure.
- The final stage of the procedure should allow complainants the opportunity of a meeting with a panel preferably of three people, at least one of whom should be a member of the governing body. It is not necessary for the meeting to be with the Chair or the full governing body. The complainant should merely be given the right to meet with at least one member.
- Papers prepared for the appeals panel by staff should be copied to the complainant in advance of the hearing so that they have the opportunity to comment, and send those comments to the panel before the meeting.
Checklist of issues 4 (Top)- Once the procedure is completed the final response letter should be written in clear, plain language. If possible, it should stand alone, avoiding references to previous correspondence that may not be readily available to the complainant. If there has to be a reference to previous correspondence there should be a copy attached. Final letters ought to include:
- an apology or, if an apology would not be appropriate, an expression of regret that a complaint was necessary to raise an issue, whether the complaint was justified or not;
- a summary of the complaint;
- a summary of the outcome of the landlord’s own investigation;
- whether the landlord acknowledges that it has been at fault in some way; any offer made to settle the complaint and how long that offer will remain open; ana
- a clear statement that the letter is a final response and that complainants who are dissatisfied with the final response may refer the matter to the Ombudsman within twelve months.
Please remember: the final letter is also an important document for us, because together with the details given by the complainant it constitutes the starting point for our enquiries. The clearer the final letter the quicker we are able to assess whether there is merit in launching a full investigation.